Osceola County Speeding Ticket for Driving Thirty Miles or More Above the Speed Limit
Have you recently received a speeding ticket in Osceola County for driving thirty miles or more over the posted speed limit? If so, there are issues you must be aware of, as this is not a “typical” speeding ticket. First and foremost, when you receive a ticket for driving thirty miles or more over the speed limit, you don’t have the option of simply writing a check and dropping it in the mail (although this might not be the best solution for any ticket). A court appearance is mandatory in speeds over thirty miles above the speed limit.
If you are from out-of-state, and were simply traveling through the Sunshine State, this mandatory appearance can create some real logistical problems for you. You can, however, have a Florida traffic ticket attorney appear on your behalf. Having an attorney appear on your behalf—or by your side, could well be the smartest decision you could make after receiving your ticket. Judges are much more likely to take defendants seriously when they appear with an attorney. This shows the judge you are taking the ticket seriously, and presents a professional appearance.
Other Issues Associated with Your Osceola County Speeding Ticket
Beyond having to make an appearance in the Osceola County Court, there are other issues associated with driving thirty miles or more over the posted speed limit. While you may be most concerned about the fines and fees you will pay, in fact you should probably be just as concerned about the points which will be added to your driving record should you be convicted of the offense. In the state of Florida, those who accrue twelve points on their driving record could lose their license for a month. Eighteen points within an eighteen-month period could result in a license suspension for three months, and twenty-four points within a three-year period could result in a year-long license suspension.
If, however, you were driving thirty miles or more over the posted speed limit, the judge could choose to suspend your license for a period of time, even if you have not reached the number of points required. Points on your driving record can also trigger extremely high increases in your insurance premiums, or, in some cases, your insurance company may drop your coverage altogether. If you are unable to pay your insurance premiums, you are also unable to drive your vehicle in the state of Florida—as you will also be if your license is suspended. As you can see, a speeding ticket in the state of Florida for thirty miles or more over the posted speed limit is no small matter, and can impact your life for a significant length of time.
Florida Statutes Governing Your Speeding Ticket
In Osceola County alone, there were 712 tickets given in 2013 to those speeding thirty miles or more above the posted speed limit. That number rose to 895 in 2014, and to 910 in 2015. Your speeding ticket in Osceola County is governed by Florida statutes 316.187, 316.189 and 316.183. Under 316.183, even if you are not exceeding the posted speed limit, you must, under Florida law, be driving no faster than a reasonable, prudent person would do under the same circumstances. This means that if the weather is bad, or the road conditions are hazardous in any way, you must adjust your speed accordingly.
Potential Defenses to Your Speeding Ticket in Osceola County
While the specific defense implemented by your traffic ticket attorney will be tailored to the facts surrounding your specific case, below are some of the more common defenses used on behalf of those found speeding thirty miles or more above the posted speed limit:
• A Motion to Dismiss could be an option if you were denied your right to a speedy trial.
• A Motion to Dismiss could be an option if evidence was denied to your attorney, and that evidence was necessary for your defense.
• A Motion to Dismiss could be an option if there is simply not enough evidence to support the charge.
• The officer’s memory of the day he or she issued your speeding ticket could be lacking, resulting in a Motion to Dismiss.
• If the officer committed a procedural error in issuing your speeding ticket, then it could be dismissed.
• If the radar or laser used to measure your speed was not properly calibrated or maintained, your ticket could be dismissed.
Other issues associated with a speeding ticket issued for going more than thirty miles over the posted speed limit include the following:
• You could pay a fine as large as $500. The exact fine is dependent on your prior driving history, the facts surrounding your case, and the officer’s account of the incident.
• If you were driving fifty or more miles over the posted speed limit, you could pay a minimum fine of $1,000.
• You will receive four points on your driving record if convicted of driving thirty miles or more over the posted speed limit.
• The original ticket which is filed with the clerk of the court must have the ticketing officer’s signature as well as your own.
• If your attorney can convince the judge to offer deferred adjudication, you will have the opportunity to receive no points for the offense—so long as you pay your fines, and receive no additional traffic offenses for a specified length of time.
• Your speed could have been measured via pace clock, radar and laser. Depending on how your speed was measured, your attorney may have additional avenues to challenge your speeding ticket.
• Even if you are convicted of speeding thirty miles or more over the posted speed limit, and you don’t have sufficient points to trigger a license suspension, the judge in your case can still decide to suspend your license for a specific length of time.
• If you were speeding in a school zone or a construction zone, your fines will be doubled.
If you have received a speeding ticket in Osceola County for driving thirty or more miles above the posted speed limit, it could be extremely beneficial to speak to an attorney from The Law Place. Our attorneys have been helping people just like you for over thirty years. We understand the consequences you could face in the event you are convicted of speeding thirty miles or more above the posted speed limit, and we have a goal of minimizing those consequences, to the extent possible. We can question the ticketing officer in order to ensure all procedures were properly followed, and, whenever possible we will either have your ticket dismissed, or we will do our best to limit the number of points on your driving record. Don’t wait—call The Law Place today.
Osceola County Courthouse
2 Courthouse Square
Kissimmee, Florida 34741